In order to balance the need for clean, renewable energy resources and in order to encourage and support renewable energy industries, while protecting the public health, safety and welfare of the community. The City finds that these regulations are necessary in order to establish uniform rules and policies and to ensure that solar energy systems are appropriately designed, sited and installed.

(Ord. No. 3490, § 1, 8-2-21)

For the purpose of this chapter, all words defined herein are in addition to all words defined in other chapters of the City of Burlington Zoning and Subdivision Regulations:

1.

Solar Energy - Radiant energy received from the sun that can be collected in the form of heat or light by a solar panel.

2.

Solar Panel - A photovoltaic device for the direct conversion of solar energy into electricity.

3.

Solar Energy System (SES) - A solar energy conversion system to provide for the collection, storage and distribution of solar energy into electricity. Excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code.

4.

Solar Energy System (SES), Ground-Mounted - An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted, may be of small (0—100 kW-dc), medium (100—1,000 kW-dc) or large scale (> 1,000 kW-dc).

5.

Solar Energy System (SES), Roof-Mounted - An Active Solar Energy System that is structurally mounted to the roof of a building or structure.

6.

Solar Energy System (SES), Off-Grid - A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

(Ord. No. 3490, § 1, 8-2-21)

A ground-mounted solar energy system located in a Commercial or Industrial Zoning District or determined to be medium (100 kW-dc or greater) or large-scale (> 1,000 kW-dc) in any zoning district shall require a Special Use Permit and approval of the Zoning Board of Adjustment prior to construction, installation, alteration, or location of such structure. The Zoning Board of Adjustment may review a Special Use Permit at any time if an approved system does not comply with the rules set forth in this chapter and the conditions imposed by the Zoning Board of Adjustment. The Board may set additional terms or timeframe for compliance for the solar energy system.

The owner/operator of the any solar energy system, including roof-mounted and ground-mounted solar energy systems, shall obtain applicable building and electrical permits from the City and all other permits required by federal, State, and local agencies prior to construction of the system. Off Grid SES shall not be allowed.

(Ord. No. 3490, § 1, 8-2-21; Ord. No. 3517, § 1(Exh. A), 4-17-23)

All applicants who wish to develop a solar energy system on public or private property must submit to the City's Community Development Department a plan including the following information:

1.

A site plan of the SES showing:

a.

Boundaries of the site.

b.

All proposed SES structures.

2.

Evidence that the applicant has an interconnection or power purchase agreement that meets the minimum requirements established by the utility and/or the Iowa Utilities Board.

3.

Operations and maintenance plan (large scale).

4.

Weed control. Applicant must present an acceptable weed/grass control plan for property inside and outside fenced area for the entire property.

5.

Evidence that the applicant can obtain and maintain adequate liability insurance for the facility.

6.

Decommissioning plan (medium/large scale).

7.

Any other information as required by the Development Department.

(Ord. No. 3490, § 1, 8-2-21)

The placement of solar energy systems on private or public property shall comply with the following requirements:

1.

Setback Requirements: The ground-mounted SES shall maintain perimeter setbacks as applicable to accessory structures under Section 170.30.202 as measured from the furthest projection of the system including: front, side and rear yard; except in the case of a SES to be built on more than one (1) parcel and parcels are abutting, a zero (0) side or rear setback shall be permitted to the property line in common with the abutting parcel(s).

2.

Ground-mounted solar energy systems with grass underneath shall not be included in calculations for lot coverage.

(Ord. No. 3490, § 1, 8-2-21)

Solar energy systems shall adhere to the following location requirements in addition to any other relevant location requirements of this chapter:

1.

A solar energy system shall be located entirely in the rear or side yard.

2.

A solar energy system shall maintain a minimum setback of five (5) feet.

(Ord. No. 3490, § 1, 8-2-21)

The following standards are required of all ground mount SES:

1.

Lighting: Shall be limited to that required for safety and operational purposes and shall be shielded and downcast such that the light does not project directly onto the adjacent parcels.

2.

Signs: A minimum of one (1) sign, limited to four (4) square feet, shall be posted at all ground mounted systems. The sign shall include a notice of no trespassing and a warning of high voltage. Such sign shall be directly visible from any external fencing and/or landscaping.

3.

Fence: To limit access to a large-scale solar development, a fence of a minimum of six (6) feet, maximum of eight (8) feet in height is required, unless the system is mounted on a rooftop. A large-scale SES may be allowed to construct one (1) foot of barbed wire fencing above the top line of a fence surrounding the SES.

4.

Maintenance: Facilities shall be well maintained in an operational condition that poses no potential safety hazard.

5.

Interconnection: The solar energy conversion system, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board.

6.

Screening. A landscape buffer, fencing, or other screening may be required to be installed and maintained during the life of the operation. Determination of screening requirements will be made by the Board of Adjustment as part of the review and approval process and will be based on adjacent or nearby surrounding land uses and topography.

7.

Complaint Resolution: The owner/operator of the solar energy conversion system shall develop a process to resolve complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

(Ord. No. 3490, § 1, 8-2-21)

The property owner or developer of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall also maintain the ground upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any structures remain quality in appearance.

(Ord. No. 3490, § 1, 8-2-21)

1.

Abandonment:

Any solar energy system that is not operated for a continuous period of one hundred eighty (180) days shall be considered abandoned and shall constitute a nuisance. Within one hundred eighty (180) days, after notice from the City, the site shall be dismantled and removed at the owner's expense. Removal of the system includes the entire structure including foundations, transmission equipment and fencing from the property. The City may recover its costs from the solar energy system owner or owner of the ground upon which it is located if the owner fails to remove and the City completes or has completed the removal.

2.

Removal Requirements:

Any large-scale ground-mounted solar energy system which has reached the end of its useful life or has been deemed abandoned per this code shall be removed. The owner or operator shall physically remove the installation no more than one hundred eighty (180) days after the date of discontinued operations. The owner or operator shall notify the Development Review Coordinator by certified mail of the proposed date of discontinued operations and plans for removal.

3.

Decommissioning shall consist of:

a.

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, State, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion.

d.

The Development Review Coordinator may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(Ord. No. 3490, § 1, 8-2-21)

The owner/operator of a solar energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and costs of any kind, including reasonable attorney's fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use or removal of the facility.

(Ord. No. 3490, § 1, 8-2-21)